Forceful migrant deportations: the backdrop to Malta's quiet summer

"Advice by the authoritative United Nations refugee agency is nowadays not sufficiently respected by governments and state agencies in Europe," the CoE's human rights commissioner Thomas Hammarberg has said in his blog on the strong recommendations by UNHCR to European states on refugee protection.

"They have simply been ignored in a number of recent cases. This policy puts refugees at risk and undermines the agreed international system of refugee protection," Hammarberg said.

The commissioner said that the Italian policy to intercept and return migrants who are attempting to reach European shores "without them being offered any possibility to seek asylum" have given Libya the "the role of protecting European countries against the arrival of migrants across the Mediterranean, irrespective of these people’s needs."

Hammarberg said that on 7 June a vessel in distress carrying more than 20 migrants, mostly Eritreans, near Malta and Italy was reportedly rescued by a Libyan patrol boat, almost 24 hours after the first call for help from the desperate migrants. They were brought back to Libya.

"By forcing people back to countries where they are at risk of ill-treatment or deportation to other countries that are unsafe for them, European states in fact commit human rights violations. The situation has become even worse after UNHCR was ordered last week by the Libyan authorities to close its office. The agency will therefore be unable to provide any protection to the persons brought back there, unless Libya reconsiders its position with respect to UNHCR's presence."

The Maltese government has had nothing to say about Libya's expulsion of UNHCR last week, with Prime Minister Lawrence Gonzi flying to meet Gaddafi last Sunday with Italian premier Silvio Berlusconi.

"UNHCR is the international expert body on refugee matters with a wealth of experience and competence. Governments should listen to its advice," Hammarberg said. "Not doing so endangers human lives and risks undermining an international protection system which is badly needed today more than ever."